HomeMy WebLinkAbout2007-06-05 Resolution
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Prepared by: Kumi Morris, Engineering, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044
RESOLUTION NO. 07-164
RESOLUTION SETTING A PUBLIC HEARING ON JUNE 19,2007 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER ROOF
REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 19th day of June,
2007, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
ATTEST: 7~~k.
CITY ERK
day of June , 20 07
~u~
~
Passed and approved this 5th
~proved by
. ~~.4~~~
City Attorney's Office
pweng\masters\setph-mercerroof607.doc
Resolution No.
Page 2
07-164
It was moved by Champion and seconded by
adopted, and upon roll call there were:
Correia
the Resolution be
AYES:
NAYS:
ABSENT:
x
X
X
X
X
X
X
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
I\f\\ co
IJ::
Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. .JU.::.165
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT, SANITARY
SEWER EASEMENT AGREEMENT AND WATER MAIN EASEMENT AGREEMENT
FOR ACT MAIN CAMPUS, IOWA CITY, IOWA.
WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, ACT Inc.,
submitted a site plan for additional development of their main campus in Iowa City, Iowa; and
WHEREAS, under said plan, additional stormwater management basins, a sanitary sewer line
and a water main was installed to service the development within the main campus, and certain
easement rights must be acquired to ensure the continued operation of the newly installed public
infrastructure; and .
WHEREAS, City staff has approved the location of the newly installed public infrastructure
servicing this development; and
WHEREAS, the easement agreements require City Council approval; and
WHEREAS, the execution of said easement agreements is in the public interest and advances the
public health, safety and welfare of the citizens of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is hereby authorized to sign and the City Clerk to attest the Stormwater
Management Easement Agreement, Sanitary Sewer Easement Agreement and Water
Main Easement Agreement for ACT Main Campus, Iowa City, Iowa.
2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to
record the same with the above-referenced Easement Agreements in the Johnson County
Recorder's Office at the expense of ACT, Inc.
Passed and approved this
5th
day of
June
~(
MAYOR
ATTEST: ?~ ~
CITY RK
,2Q07.
J~QQr----
- -
~
Resolution No.
Page 2
07-165
It was moved by Champion and seconded by
adopted, and upon roll call there were:
Correia
the Resolution be
AYES:
NAYS:
x
x
x
x
x
X
X
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
t11f.."
A
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Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 07 -166
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT AND SANITARY
SEWER EASEMENT AGREEMENT FOR LOT 1, B.D.1. THIRD ADDITION, (ACT
MCCARREL DISTRIBUTION CENTER), IOWA CITY, IOWA.
WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, ACT Inc.,
submitted a site plan for additional development on Lot 1, B.D.1. Third Addition, (ACT McCarrel
Distribution Center) in Iowa City, Iowa; and
WHEREAS, under said plan, additional stormwater management basins and a sanitary sewer line
were installed to service the additional development, and certain easement rights must be
acquired to ensure the continued operation of the newly installed public infrastructure; and
WHEREAS, City staff has approved the location of the newly installed public infrastructure
servicing this development; and
WHEREAS, the easement agreements require City Council approval; and
WHEREAS, the execution of said easement agreements is in the public interest and advances the
public health, safety and welfare of the citizens of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is hereby authorized to sign and the City Clerk to attest the Stormwater
Management Easement Agreement and Sanitary Sewer Easement Agreement for Lot 1,
B.D.1. Third Addition, (ACT McCarrel Distribution Center), Iowa City, Iowa.
2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to
record the same with the above-referenced Easement Agreements in the Johnson County
Recorder's Office at the expense of ACT, Inc.
Passed and approved this
5th
day of
June ,2007.
(~~ (_-1~~
MAYOR
ATTEST: ~.A..,u .,{/ ~
CITY ERK
Resolution No.
Page ?
07-1(,(,
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
Correia
the Resolution be
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
~
06-05-07
4e(3)
Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 07.=16V
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO A LEASE AGREEMENT WITH DURHAM SCHOOL SERVICES
FOR RENTAL OF TWO STORAGE SAYS WITHIN THE STORAGE BUILDING
OWNED BY THE CITY AND LOCATED AT 4213 SAND ROAD FOR THE
PURPOSE OF STORING SCHOOL BUSSES, MATERIALS AND TOOLS.
WHEREAS, the City owns a building at 4213 Sand Road, which it uses, in part, for storage of
vehicles during inclement weather; and
WHEREAS, the City currently has storage space available for rent in this building; and
WHEREAS, Durham School Services wishes to lease two storage bays in this building for
storage of its school busses, materials and tools; and
WHEREAS, a Lease for two storage bays has been negotiated, providing for occupancy from
June 6,2007, to September 30,2007 for rent in the amount of $400 per bay, per month; and
WHEREAS, it is in the best interest of the public and the City of Iowa City to execute the
attached Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Lease, attached hereto and made a part hereof, is approved as to both form and
content.
2. The Mayor and the City Clerk .are hereby authorized to execute and attest said Lease in
duplicate.
3. The City Manager is hereby authorized to execute any subsequent renewals, as
provided in the attached Lease.
Passed and approved this ')th day of .Tune ,2007.
~l;A
~
ATTEST: 7J~~ J( i(~
CI CLERK
Approved by:
~/IJL~r~ s-h?k,
City Attorney's Office
Resolution No.
Page ?
07-167
It was moved by C.hampi on and seconded by C.orrei a
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
"<
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between the City of Iowa City,
(hereinafter "Landlord") whose address for the purpose of this lease. is . 41 0 East Washington
Street, Iowa City, IA 52240, and the Durham School Services, (hereinafter called "Tenant")
whose address for the purpose of this lease is Route 1, Box 30, Princeton, Missouri, 64673.
1. Premises and Term. Landlord is the owner of certain real estate in Johnson County,
Iowa, with the local address of 4213 Sand Road, containing a number of buildings,
including an .office/shop/scale house building. Tenant hereby rents and leases from
Landlord according to the terms and provisions herein, the following described real
estate, situated in Johnson County, Iowa, to wit:
Two bays within the office/shop/scale house building located at 4213
Sand Road, equipped with the following utilities: electricity and LP gas.
Said building contains approximately 3,900 square feet, more or less,
with the improvements' thereon and all rights, easements and
appurtenances thereto belonging,
(hereinafter "Leased Premises"), along with an easement for ingress and egress, for a
term of 4 (four) months commencing at midnight.of the day previous to the first day of
'the lease term and ending at midnight on the last day of the lease term which shall be
June 6, 2007, through September 30, 2007, upon the condition that the Tenant pays
rent and otherwise performs as in this lease provided. In the event that Tenant wishes to
terminate this agreement prior to September 30, 2007, Tenant shall give Landlord thirty
days notice. If such notice is timely provided, Tenant shall be permitted to terminate the
contract prior to September 30, 2007, and Tenant's rent shall be' prorated.
2. Rental. Tenant agrees to pay to Landlord as rental for said term as follows: $800 per
month, due and payable on the first of each month.
3. Possession. Tenant shall be entitled to possession on the first day of the term of this
lease and shall yield possession to the Landlord at the time and date of the termination
of this lease.
4. Use of Premises. Tenant covenants and agrees during the term of this lease to use and
occupy the Leased Premises only for storage and maintenance of vehicles, equipment
and materials.
5. Care and Maintenance of Leased Premises.
a. Tenant takes the Property, Building and Leased Premises in their present condition.
b. Landlord shall keep the roof, heating system, doors, structural part of the floor, walls
and other structural parts of the Building in good repair.
2
c. Tenant shall, after taking possession of the Leased Premises and until the
termination of this lease and the actual removal from the Leased Premises, at
Tenant's own expense, care for and maintain the Leased Premises in a reasonably
safe, serviceable and habitable condition. Tenant will not permit or allow said Leased
Premises to be damaged by any act of negligence of the Tenant, its agents,
employees or invitees.
d. Tenant shall make no unlawful use of said Leased Premises and agrees to comply
with all valid regulations of the Board of Health, City ordinances, the laws of the State
of Iowa and the Federal government with respect to the Property, Building and
Leased Premises, but this provision shall not be construed as creating any duty by
Tenant to members of the general public. Tenant will not allow trash of any kind to
accumulate in the area or to the front, side, or rear thereof, and it will remove same
from the premises at its own expense.
6. Utilities and Services to Leased Premises. Landlord shall be responsible for the
actual costs of any and all utilities or services supplied to Leased Premises, including but
. not limited to gas, electric, water/sewage, heating and/or air conditioning services, during
. the term of this lease agreement. Neither Tenant nor Landlord shall furnish Janitor
Service nor air conditioning equipment and maintenance thereof.
7. Property and Occupancy at Risk of Tenant. All property of any kind which may be
brought upon or within the Leased Premises by Tenant, its employees, agents,
customers and invitees, during the term hereof, shall be at the sole risk of Tenant, and
Landlord shall not be liable to Tenant or to any other person for any injury, loss or
damage to any person or property in or upon the Leased Premises by virtue of Tenant's
use and occupancy thereof, and Tenant agrees to assume all liability for or on account
of such injury, loss or damage, except as caused by Landlord's negligence or willful
misconduct.
8. Surrender of Premises and End of Term-Removal of Fixtures. Tenant agrees that
upon the termination of this lease it will surrender and deliver the Leased Premises to
Landlord. Tenant may, prior to the expiration of the term of this lease and if not in default
hereunder, remove any fixtures or equipment which Tenant has installed in the Leased
Premises provided Tenant repairs any and all damages caused by removal.
9. Assignment and Subletting. .Tenant may not assign this lease agreement or sublet the
Leased Premises without the prior written consent of Landlord.
2
3
10. Insurance/Fire and CasualtylDestruction of Premises. Tenant must obtain
$1,000,000 in general liability insurance. Landlord is not responsible in any way for any
damage or destruction of the Building, the Leased Premises and/or Tenant's property
therein unless caused by the acts or omissions of Landlord. In the event of damage to
the Building or Leased Premises so that Tenant is unable or unwilling to conduct
business in the Leased Premises, or Landlord reasonably determines that the Property,
Building or Leased Premises constitute a danger or hazard, this lease may be
,terminated at the option of either party. Such termination shall be affected by notice of
one party to the other within 20 days after such notice and both parties shall thereafter
be released from all future obligations hereunder. In the event of such termination, a pro-
rated share of the rental paid shall be refunded to Tenant.
11. Mechanics' Liens. Neither Tenant nor anyone claiming by, through or under Tenant
shall have the right to file any mechanic's lien against the Property, Building or Leased
Premises. Tenant shall give notice in advance to all contractors and subcontractors who
may furnish or agree to furnish any material, service or labor of any kind.
12. Default, Notice of Default and Remedies. Failure to pay rent when due or failure to
perform any other duty of Tenant under the terms of this lease agreement shall
constitute default by Tenant. In the event of default by Tenant, Landlord shall give
Tenant a written notice specifying the default and giving Tenant ten days in which to
correct the default. In the event Tenant has not remedied a default in a timely manner
following a notice of default, Landlord may proceed with all available remedies at law or
in equity including but not limited to termination of this lease agreement. In the event of
such termination, Landlord shall give Tenant a written notice of such termination. Tenant
shall vacate the Property, Building and Leased Premises and be responsible to Landlord
for all expenses of Landlord in terminating the lease and regaining possession of the
premises, including attorney fees and court costs.
13. Rights Cumulative. The various rights, powers and remedies .of either party provided in
this lease shall be construed as cumulative and no one of them as exclusive of the
others.
14. Notices and Demands. Notices as provided for in this lease shall be given to the
respective parties hereto at their respective addresses designated in this lease
agreement.
3
4
15.
Provisions to Bind and Benefit Successors, Assigns, Etc. Each n~ every covenant
and agreement herein contained shall extend to and be binding por the Irespeelive
successors, heirs, administrators, executors and assigns of the partie ~ereto. i
Changes to be in Writing. This lease agreement shall not be in a y ~anner modified,
waived or abandoned except by a written instrument duly signed byl the parties and
I ;
delivered to the Landlord and Tenant. This lease contains the whol ,greeient of the
~~~. I
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Ii\,>
+Eslt~ner
.
16.
IN WITNESS WHEREOF, the parties hereto have duly executed this lease n thiS~ay of
\V~ ,2007. I
CITY OF IOWA CITY, IOWA
By:G2U ~
Ross Wilburn, Mayor
By: 7?t~ -J!. K~
Marian K. Karr, City Clerk
II
Approved by
~~ pe//
City Attorney's Office (/ /1 ( J P7
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this 5 day of ~Al~ ,2007, before me, the undersigne, Nota~ Public in
and for said County, in said State, personally appeared Ross Wilburn and M ri n K. ~arr, to me
personally known, who being by me duly sworn, did say that they are the M y r and Pity Clerk,
respectively, of said municipal corporation executing the within and foregoing in trumeht; that the
seal affixed thereto is the seal of said municipal corporation; that said instrum n was $igned and
sealed on behalf of said municipal corporation by authority of City Counc I f saidl municipal
corporation; and that the said Ross Wilburn and Marian K. Karr acknowled ed the e~ecution of
said instrument to be the voluntary act and deed and said municipal corporatio , y it a~d by them
voluntarily executed .
SONDRAE FORT
i~ Commission Number 159791
. . My Commission Expires
lOW 0
SOY) E~-b
Notary Public in and for the State of Iowa
4
. "
5
TENANT'S ACKNOWLEDGEMENT
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this ~day of ~U h L- ,2007, before me, the undersigned a Nota Public in
and for the State of Iowa, personally appeared )O\....,J .p... .lS\\ln"'l'1'- ,t me personally
known, who being by me duly sworn, did say that the person is one of the 0 ners f Durham
School Services, and that the instrument was signed on behalf of the com a y by uthority of
the members/managers and the owner acknowledged the execution of the i st ume t to be the
voluntary act and deed of the company by it and b the owner volunt ily exe u ed.
MflCIa IIAL
....MGI
................. .....
.. ell r""'" ........... ..,
Notary Public in and for the Stat of Iowa
5
N1*a I ~6:(;)
Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 07 -168
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A LEASE FOR BUSINESS PROPERTY WITH THE
JOHNSON COUNTY AGRICULTURAL ASSOCIATION FOR RENTAL
OF THE JOHNSON COUNTY 4-H BUILDING FOR PURPOSES OF
STORAGE OF CITY EQUIPMENT.
WHEREAS, the City of Iowa City Iowa has leased a portion of the 4-H building for
storage of Streets Division equipment since 1976, and the current Lease expires on
June 30, 2007; and
WHEREAS, a Lease for said business property has been negotiated which provides for
two ten-month renewal terms, with an option for a third term and increases rent from
$8,000 to $10,000 for each ten-month term; and
WHEREAS, it is in the best interest of the public and the City of Iowa City to execute the
attached Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. The Lease, attached hereto and made a part hereof, is approved as to both form
and content.
2. The Mayor and the City Clerk are hereby authorized to execute and attest said
Lease in duplicate.
3. The City Manager is hereby authorized to execute any subsequent renewals, as
provided in the attached Lease.
Passed and approved this 5th
day of
.~u~
MAYOR
ArrEST: ~,M_.J *' ~
CIT ' LERK
APpyved by
~a(lL~~ Jh-,A7
City Attorney's Office
Resolution No.
Page 2
07-168
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
Correia
the Resolution be
NAYS:
x
x
x
x
x
x
x
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between the Johnson County
Agricultural Association (hereinafter "Landlord") whose address for the purpose of this
lease is 4265 Oak Crest Hill Road SE, Iowa City, Iowa, 52240 and the City of Iowa City,
Iowa, (hereinafter called "Tenant") whose address for the purpose of this lease is 410
East Washington Street, Iowa City, Iowa, 52240.
1. Premises and Term. Landlord is the owner of certain real estate in Johnson County,
Iowa containing a building locally known as the 4-H Building. Tenant hereby rents and
leases from Landlord according to the terms and provisions herein, the following
described real estate, situated in Johnson County, Iowa, to wit:
50' x 150' barn known as the Swine Barn at the Johnson County 4-H
Fairgrounds on Highway 218 South, equipped with natural gas burning
heaters, said barn contains 7.500 square feet, more or less, with the
improvements thereon and all rights, easements and appurtenances
thereto belonging,
(hereinafter "Leased Premises"), for a term of two (2) ten-month periods commencing at
midnight of the day previous to the first day of the lease term and ending at midnight on
the last day of the lease term which shall be:
September 1, 2007 through June 30, 2008, and
September 1, 2008 through June 30, 2009
upon the condition that the Tenant pays rent and otherwise performs as in this lease
provided. The above-specified terms are exclusive of July 1 through August 31, 2007
and July 1 through August 31, 2008.
2. Rental. Tenant agrees to pay to Landlord as rental for said' term as follows:
$1,000.00 per month for the ten-month periods payable as follows:
January 1, 2008...... ..$5,000 June 30, 2008......... .$5,000
January 1, 2009........$5,000 June 30,2009.........$5,000
In addition to the above monthly rental, Tenant shall also pay all utilities used by Tenant,
excluding electricity. All sums shall be paid at the address of Landlord as above shown
or such other place as the Landlord may from time to time designate in writing.
3. Possession. Tenant shall be entitled to possession on the first day of the term of this
lease and shall yield possession to the Landlord at the time and date of the termination
of this lease.
2
5. Care and Maintenance of Leased Premises.
a. Tenant takes the Property, Building and Leased Premises in their present condition.
b. Landlord shall keep the roof, structural part of the floor, walls and other structural
parts of the Building in good repair.
c. Tenant shall after taking possession of the Leased Premises and until the
termination of this lease and the actual removal from the Leased Premises, at
Tenant's own expense, care for and maintain the Leased Premises in a reasonably
safe, serviceable and habitable condition. Tenant will not permit or allow said Leased
Premises to be damaged by any act of negligence of the Tenant, its agents,
employees or invitees.
d. Tenant shall make no unlawful use of said Leased Premises and agrees to comply
with all valid regulations of the Board of Health, City ordinances, the laws of the State
of Iowa and the Federal government with respect to the Property, Building and
Leased Premises, but this provision shall not be construed as creating any duty by
Tenant to members of the general public. Tenant will not allow trash of any kind to
accumulate in the area or to the front, side, or rear thereof, and it will remove same
from the premises at its own expense. Tenant will not be responsible for snow
removal.
6. Utilities and Services to Leased Premises. Landlord shall be responsible for the
actual costs of electrical service supplied to Leased Premises. Tenant shall be
responsible for the actual costs of any and all other utilities or services supplied to
Leased Premises, including but not limited to gas, water/sewage, heating and/or air
conditioning services, during the term of this lease agreement. Neither Tenant nor
Landlord shall furnish Janitor Service nor air conditioning equipment and maintenance
thereof. Heating shall be furnished at the expense of Landlord, except that Tenant will
be responsible for natural gas expense of heating.
7. Property and Occupancy at Risk of Tenant. All property of any kind which may be
brought upon or within the Leased Premises by Tenant, its employees, agents,
customers and invitees, during the term hereof, shall be at the sole risk of Tenant, and
Landlord shall not be liable to Tenant or to any other person for any injury, loss or
damage to any person or property in or upon the Leased Premises, and Tenant agrees
to assume all liability for or on account of such injury, loss or damage.
8. Surrender of Premises and End of Term-Removal of Fixtures. Tenant agrees that
upon the termination of this lease it will surrender and deliver the Leased Premises to
2
3
Landlord. Tenant may prior to the expiration of the term of this lease if not in default
hereunder remove any fixtures or equipment which Tenant has installed in the Leased
Premises provided Tenant repairs any and all damages caused by removal.
9. Holding Over. Continued possession, beyond the expiratory date of the term of this
lease, by the tenant, coupled with the receipt of the specified rental by the Landlord (and
absent a written agreement by both parties for an extension of this lease, or for a new
lease) shall constitute a month to month extension of this lease.
10. Assignment and Subletting. Tenant may not assign this lease agreement or sublet the
Leased Premises without the prior written consent of Landlord.
11. Indemnity. Landlord agrees to assume liability for any and all losses, costs, damages,
and expenses occasioned by or arising out of any accident or other occurrence causing
or inflicting injury and/or damage to any person or property happening or done in, upon
or about the leased premises, EXCEPT that Landlord shall have no liability for any
losses, costs, damages, or expenses to tenant or Tenant's employees, or to Tenant's or
Tenant's employees' property, incurred by Tenant or its employees in, upon, or about
the leased premises when such losses, costs, damages, or expenses are directly
caused by the negligence of Tenant or its employees and Tenant shall further hold
Landlord harmless for any loss of Tenant's or its employees' property in the event of fire,
theft, malicious mischief or vandalism.
12. Mechanics' Liens. Neither Tenant nor anyone claiming by, through or under Tenant
shall have the right to file any mechanic's lien against the Property, Building or Leased
Premises. Tenant shall give notice in advance to all contractors and subcontractors who
may furnish or agree to furnish any material, service or labor of any kind.
13. Default, Notice of Default and Remedies. Failure to pay rent when due or failure to
perform any other duty of Tenant under the terms of this lease agreement, abandonment
of the tenancy by failing to engage in its usual and customary business activities on the
premises for more than ten consecutive business days, and/or institution of bankruptcy
proceedings by or against Tenant or any assignment for the benefit of creditors or
appointment of a receiver for the property or affairs of Tenant, shall constitute default by
Tenant. In the event of default by Tenant, Landlord shall give Tenant a written notice
specifying the default and giving Tenant ten days in which to correct the default. In the
event Tenant has not remedied a default in a timely manner following a notice of default,
Landlord may proceed with all available remedies at law or in equity including but not
limited to termination of this lease agreement. In the event of such termination, Landlord
3
4
shall give Tenant a written notice of such termination. Tenant shall vacate the Property,
Building and Leased Premises and be responsible to Landlord for all expenses of
Landlord in terminating the lease and regaining possession of the premises, including
attorney fees and court costs.
14. Landlord's Lien and Security Interest. Landlord shall have in addition to the lien given
by law a security interest as provided by the Uniform Commercial Code upon all
personal property and all substitutions thereof kept and used on the premises by the
Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by
this lease for the recovery of rent or for termination of this lease because of Tenant's
default in its performance.
15. Rights Cumulative. The various rights, powers and remedies of either party provided in
this lease shall be construed as cumulative and no one of them as exclusive of the
others.
16. Notices .and Demands. Notices as provided for in this lease shall be given to the
respective parties hereto at their respective addresses designated in this lease
agreement.
17. Provisions to Bind and Benefit Successors, Assigns, Etc. Each and every covenant
and agreement herein contained shall extend to and be binding upon the respective
successors, heirs, administrators, executors and assigns of the parties hereto.
18. Changes to be in Writing. This lease agreement shall be in any manner modified,
waived or abandoned except by a written instrument duly signed by the parties and
delivered to the Landlord and Tenant. This lease contains the whole agreement of the
parties.
19. Other Provisions:
a. The Lease, may, at Tenant's option be renewed for an additional term by Tenant's
City Manager giving notice of its intention to renew this Lease, which notice shall be
given not less than sixty (60) calendar days prior to the expiration date of the renewal
term, June 30, 2009. The additional term shall commence on the first day of
September, 2009 and shall end at midnight on the last day of the additional term,
which shall be on the 30th day of June, 2010.
b. During the renewal term as provided above, Tenant agrees to pay Landlord rental at
the same rate as previously agreed, payable in two payments to be paid on January
1 and June 1 during the renewal term.
4
5
IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate on this
~y of ,d-v rv'( , 2007.
JOHNSON COUNTY AGRICULTURAL
ASSOCIATION, AS LANDLORD
By: ~C" -
Kim Greiner, Manager
:~TYG2:C;C:
Ross Wilburn, Mayor
ATTEST: ~ k. oj(~
anan K. Karr, City Clerk
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this S day of J~ ,2007, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Kim Greiner, to me personally known,
and who, being by me duly sworn, did say that she is the Manager of the Johnson County
Agricultural Association and that the instrument was signed and. sealed on behalf of the
Association, by authority of its Board of Directors; and that the said Kim Gonzalez acknowledged
the execution of the instrument to be her voluntary act and deed and the voluntary act and deed of
. . . ,. voluntarily executed.
S3 I x3 dislt'woo)JY ~.~~lMO' It ~ C, ~ I J ~~. .
69VSv~ # NOISSIWWOO W. }/IN
A.l.SI~H~~W '3 AHVW Notary Pu I in and for the State of. 0 a
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 5 day of ~NE ,2007, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me
personally known, and who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument
is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council; and that Ross Wilburn and Marian K. Karr
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of said municipal corporation, by it and them voluntarily executed.
i~ SONDRAEFORT
~ i Commission Number 159791
. . My Commi sion Expires
ow Ql 09
s~~
Notary Public in and for the State of Iowa
5
fer t,L)
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between the Johnson County
Agricultural Association (hereinafter "Landlord") whose address for the purpose of this lease is
3149 Highway 218 uth, Iowa City, Iowa, 52240 ari the City of Iowa City, Iowa, (hereinafter
called "Tenant") wh se address for the purpose of thi lease is 410 East Washington Street,
Iowa City, Iowa, 5224
1. Premises and rm. Landlord is the owner 0 certain real estate in Johnson County,
Iowa containing a uilding locally known as e 4-H Building. Tenant hereby rents and
leases from Landlo according to the rms and provisions herein, the following
described real estate, 'tuated in Johnson ounty, Iowa, to wit:
50' x 150' barn own as the ine Barn at the Johnson County 4-H
Fairgrounds on Hi hway 218 outh, equipped with natural gas burning
heaters, said barn ontains .500 square feet, more or less, with the
improvements there n an all rights, easements and appurtenances
thereto belonging,
(hereinafter "Leased Premises" , for a term of two (2) ten-month periods commencing at
midnight of the day previous 0 th first day of the lease term and ending at midnight on
the last day of the lease ter which all be:
Septembe 1, 2007 thr gh June 30, 2008, and
Septemb r 1, 2008 throu h June 30, 2009
upon the condition th t the Tenant pays nt and otherwise performs as in this lease
provided. The abo'v -specified terms are ex usive of July 1 through August 31, 2007
and July 1 through ugust 31, 2008.
2. Rental. Tenant grees to pay to Landlord a term as follows:
$1,000.00 per m nth for the ten-month periods payao as follows:
1, 2008...... ..$5,000 June 30, 2 8........ ..$5,000
1,2009........$5,000 June 30,2009 .......$5,000
the above monthly rental, Tenant shall also pay all utilities used by Tenant,
excluding lectricity. All sums shall be paid at the address of Landlord as above shown
her place as the Landlord may from time to time designate in writing.
3. Posse ion. Tenant shall be entitled to possession on the first day of the term of this
lease nd shall yield possession to the Landlord at the time and date of the termination
s lease.
4. of Premises. Tenant covenants and agrees during the term of this lease to use and
occupy the Leased Premises only for storage and maintenance of equipment.
2
5. Care and Maintenance of Leased Premises.
a. Tenant takes the Property, Building and Leased Premises in their present condition.
b. Landlord shall keep the rof, structural part of the floor, walls and other structural
parts of the Building' good repair.
c. Tenant shall afte taking possession of the Leased Premises and until the
termination of this lease and the actual re val from the Leased Premises, at
Tenant's own expe
safe, serviceable an
Premises to be dam ged by any act
the Leased Premises in a reasonably
ant will not permit or allow said Leased
negligence of the Tenant, its agents,
employees or invitees.
\
d. Tenant shall make no u lawful use of aid Leased Premises and agrees to comply
with all valid regulations 0 the Board f Health, City ordinances, the laws of the State
of Iowa and the Federal overn ent with respect to the Property, Building and
Leased Premises, but this ovis' n shall not be construed as creating any duty by
Tenant to members of the g n ral public. Tenant will not allow trash of any kind to
accumulate in the area or to front, side, or rear thereof, and it will remove same
from the premises at its 0 n Tenant will not be responsible for snow
removal.
6. Utilities and Services to ~eased P mises. Landlord shall be responsible for the
actual costs of electrical/service sup lied to Leased Premises. Tenant shall be
,
responsible for the actuar costs of any nd all other utilities or services supplied to
Leased Premises, incluc;ting but not limite to gas, water/sewage, heating and/or air
conditioning services, during the term of t 's lease agreement. Neither Tenant nor
landlord shall furnish Janitor Service nor air nditioning equipment and maintenance
thereof. Heating shall be furnished at the expen e of Landlord, except that Tenant will
!
be responsible for ~tural gas expense of heating.
7. Property and Oc~upancy at Risk of Tenant. All roperty of any kind which may be
,
I
brought upon 01 within the Leased Premises by enant, its employees, agents,
customers and /nvitees, during the term hereof, shall be t the sole risk of Tenant, and
Landlord shaW not be liable to Tenant or to any other p rson for any injury, loss or
damage to ~fly person or property in or upon the Leased Pre ises, and Tenant agrees
to assume }lIliability for or on account of such injury, loss or darhpge.
8. Surrendyr of Premises and End of Term-Removal of Fixtures. Tenant agrees that
upon the termination of this 1ease it will surrender and deliver the Leased Premises to
2
3
Landlord. Tenant may prior to the expiration of the term of his lease if not in default
hereunder remove any fixtures or equipment which Tenant as installed in the Leased
Premises provided Tenant repairs any and all damages ca ed by removal.
9. Holding Over. Continued possession, beyond the expi atory date of the term of this
lease, by the tenant, oupled with the receipt of the spe ified rental by the Landlord (and
absent a written agre ent by both parties for an e ension of this lease, or for a new
lease) shall constitute a onth to month extension this lease.
10. Assignment and Suble 'ng. Tenant may not as Ign this lease agreement or sublet the
Leased Premises without t e prior written cons
11. Indemnity. Landlord agree to assume liabili for any and all losses, costs, damages,
and expenses occasioned by or arising out f any accident or other occurrence causing
or inflicting injury and/or dama e to any rson or property happening or done in, upon
or about the leased premises, EXCE that Landlord shall have no liability for any
losses, costs, damages, or expe ses 0 tenant or Tenant's employees, or to Tenant's or
Tenant's employees' property, in red by Tenant or its employees in, upon, or about
the leased premises when suc losses, costs, damages, or expenses are directly
caused by the negligence of Tftn t or its employees and Tenant shall further hold
Landlord harmless for any 10ss,.6f Te nt's or its employees' property in the event of fire,
I
theft, malicious mischief or v~dalism.
/
12. Mechanics' Liens. Neithe~Tenant nor nyone claiming by, through or under Tenant
shall have the right to filefny mechanic's lien against the Property, Building or Leased
Premises. Tenant shall rve notice in advan e to all contractors and subcontractors who
may furnish or agree to/furnish any material, s rvice or labor of any kind.
13. Default, Notice of D~fault and Remedies. F 'Iure to pay rent when due or failure to
!
perform any other d~ty of Tenant under the terms f this.lease agreement, abandonment
I
of the tenancy by fililing to engage in its usual and stomary business activities on the
premises for mor} than ten consecutive business day and/or institution of bankruptcy
!
proceedings by/ or against Tenant or any assignment or the benefit of creditors or
appointment J a receiver for the property or affairs of Tena t, shall constitute default by
Tenant. In )~e event of default by Tenant, Landlord shall gi \ Tenant a written notice
specifying .the default and giving Tenant ten days in which to correct the default. In the
(
event Tenant has not remedied a default in a timely manner following a notice of default,
Landlord may proceed with all available remedies at law or in equity including but not
limited to termination of this lease agreement. In the event of such termination, Landlord
3
14.
15.
16.
17.
18.
19.
4
shall give Tenant a written notice of such termination. Tenant shall vacate the Property,
Building and Leased Premises and be responsible to Landlord for all expenses of
Landlord in terminating the lease and regaining possession of the premises, including
attorney fees and court costs.
Landlord's Lien and S .ty Interest. Landlord shall have in a dition to the lien given
by law a security inter t as provided by, the Uniform Co mercial Code upon all
personal property and all ubstitutions thereof kept and us d on the premises by the
Tenant. Landlord may proce d at law or in equity with any emedy provided by law or by
this lease for the recovery 0 \ rent or for termination of his lease because of Tenant's
default in its performance. \
\
Rights Cumulative. The vario~ rights, powers an remedies of either party provided in
this lease shall be construed a~ cumulative an no one of them as exclusive of the
others.
Notices and Demands. Notices \as provid d for in this lease shall be given to the
respective parties hereto at their resp tive addresses designated in this lease
agreement. \
Provisions to Bind and Benefit Suc ssors, Assigns, Etc. Each and every covenant
and agreement herein contained sh lI~xtend to and be binding upon the respective
successors, heirs, administrators, e ecut s and assigns of the parties hereto.
Changes to be in Writing. Th' lease reement shall be in any manner modified,
waived or abandoned except a written rnstrument duly signed by the parties and
delivered to the Landlord and, Tenant. This lease contains the whole agreement of the
j
parties. /
I
Other Provisions: .I
a. The Lease, may, at T'nant's option be renewed for an additional term by Tenant's
I
City Manager giving jlotice of its intention to renew this Lease, which notice shall be
/
given not less than/$ixty (60) calendar days prior to the expiration date of the renewal
term, June 30, 4'009. The additional term shall commence on the first day of
/
September, 20)>9 and shall end at midnight on the last day of the additional term,
which shall '1'on the 30th day of June,2010.
b. During th.7'enewal term as provided above, Tenant agrees to pay Landlord rental at
the same rate as previously agreed, payable in two payments to be paid on January
1 and June 1 during the renewal term.
4
5
IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate on this
day of
,2007.
JOHNSON COUNTY AGRICULTURAL
ASSOCIATION, AS LANDLORlf
By:
CITY OF IOWA CITY, AS TENANT
By:
Kim Greiner, Manager
Ross Wilburn, Mayor
Approved by
ATTEST:
Marian K. Karr, City Clerk
City Attorney's Office
STATE OF IOWA .)
) ss:
JOHNSON COUNTY )
On this day of ,2007, before me, the undersigned, a Notary
Public in and for the State of Iowa, perso lIy appeared Kim Greiner, to me personally known,
and who, being by me duly sworn, did sa that she is the Manager of the Johnson County
Agricultural Association and that the in rument was signed and sealed on behalf of the
Association, by authority of its Board of Direc rs; and that the said Kim Gonzalez acknowledged
the execution of the instrument to be her volunt ry act and deed and the voluntary act and deed of
said Association, by it and them voluntarily exec ed.
On this day of ,2007, efore me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Ros Wilburn and Marian K. Karr, to me
personally known, and who, being by me duly sworn, did s that they are the Mayor and City
Clerk, respectively, of the City of Iowa City, Iowa; that the sea affixed to the foregoing instrument
is the corporate seal of tt)e corporation, and that the instrument was signed and sealed on behalf
of the corporation, by a~thority of its City Council; and that Ro Wilburn and Marian K. Karr
acknowledged the execution of the instrument to be their voluntary ct and deed and the voluntary
act and deed of said municipal corporation, by it and them voluntaril executed.
I
II \\
. Notary Public in and for the State b(~owa
and for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
'--
\
5
(AI rx r:'J- -
(j
6d
Prepared by: Sarah Holecek, 1st Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 07-16c)
RESOLUTION AUTHORIZING CONVEYANCE OF A VACATED SIX-FOOT (6') WIDE
PORTION OF RIGHT-OF-WAY LOCATED ALONG HOLLYWOOD BOULEVARD SOUTH OF
HIGHWAY 6 AND EAST OF BROADWAY STREET TO NORDSTROM OIL COMPANY.
WHEREAS, the City Council has passed an ordinance vacating a six-foot (6') wide portion of
right-of-way located along Hollywood Boulevard south of Highway 6 and east of Broadway Street;
and'
WHEREAS, Nordstrom Oil Company has made an offer to purchase the vacated strip of right-ot-
way for $14,455.35 ($13.65 per square foot) to add to its adjacent property to fulfill setback,
landscaping and buffering requirements for its proposed Sonic Burger drive-in/drive-through
restaurant; and
WHEREAS, Hollywood Boulevard was originally intended to serve as a frontage road adjacent to
Highway 6 and the City no longer intends said use due to traffic concerns at intersections and
therefore, does not need the vacated right-of-way; and
WHEREAS, the offered price is consistent with prices paid for property in the vicinity, reflects fair
market value and a blanket utility easement will be retained to protect private and public utilities
currently located in the right-of-way; and
WHEREAS, on May 14, 2007, the City Council adopted a Resolution declaring its intent to
consider the conveyance to Nordstrom Oil Company of its interest in said six-foot (6') wide portion
of the right-of-way located along Hollywood Boulevard south of Highway 6 and east of Broadway
Street, authorizing the publication of public notice of the proposed conveyance, and setting the
date and time for public hearing; and
WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the
conveyance of the subject property is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council does hereby authorize the Mayor and City Clerk to execute all
documents necessary to convey the City's interest in the six-foot (6') wide portion of right-
of-way on Hollywood Boulevard south of Highway 6 and east of Broadway Street via Quit
Claim Deed for the price of $14,455.35, subject to the necessary easements.
2. The City Attorney is hereby authorized to carry out any actions necessary to consummate
the conveyance as required by law.
Passed and approved this
5th
day of
z ' 20...l!1-.
W L_l · Q~~,
M OR
ATTEST: ~,AI ~
CI LERK
Annen\vacation&conveyance/HollywoodSlvd/Res Auth Conveyance.doc
Resolution No.
Page ?
07-169
It was moved by 0' Donnell and seconded by
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
Champion
NAYS:
ABSENT:
x
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
~p
/ r"",
b-~"
Prepared by: Drew Westberg, Planning Intern, 410 E. Washington St., Iowa City, IA 52240
(319) 356-5230 (SUB06-00018/SUB06-00019)
RESOLUTION NO. 07-170
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT
OF PEPPERWOOD PLAZA, A SUBDIVISION OF IOWA CITY, IOWA.
WHEREAS, the owner, Southgate Development Company, filed with the City Clerk the preliminary
and final plat of Pepperwood Plaza, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
LEGAL DESCRIPTION
A parcel of land located in Sections 15, 22 and 23, Township 79 North Range 6 West of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa described as follows:
Beginning at the Southwest corner of Lot 2 of Block 1, Braverman Center to Iowa City, Iowa, as recorded in
Plat Book 8 at Page 69 in the Johnson County Recorder's Office; Thence NOoo26'20"E, along the Westerly line
of said Lot 2, a distance of 236.08 feet; Thence Northeasterly, 217.01 feet, along said Westerly line, and an arc
of a 1290.58 foot radius curve, concave Southeasterly, whose 216.76 foot chord bears N05015'50"E, to the
Southwest corner of Lot 1 of Part 1 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 8 at
Page 68 in the Johnson County Recorder's Office; Thence S78048'50"E, along the Westerly line of said Lot 2
and the South line of said Lot 1 of Part 1, a distance of 175.00 feet, to the Southeast corner of said Lot 1 of
Part 1; Thence N22001 '06"E, along the Westerly line of said Lot 2 and the Easterly line of said Lot 1 of Part 1,
a distance of 299.74 feet, to the Northeast corner of said Lot 1 of Part 1; Thence S6r55'30"E, along the
Northerly line of said Lot 2 and the Plat for Lots 5A, 5B, 6, 7 and 8 Block 1 Braverman Center, Iowa City, Iowa,
as recorded in Plat Book 27 at Page 31 in the Johnson County Recorder's Office, 759.63 feet, to the Northeast
corner of Lot 5A; Thence S22004'30"W, along the Easterly line of said Lot 5A, a distance of 187.00 feet, to the
Southeast corner of said Lot 5A; Thence S67055'30"E, along the Southerly line of Lot 3 of Block 1, Braverman
Center, Iowa City, Iowa, as recorded in Book 12, Page 39 in the records of the Johnson County Recorder's
Office, 236.90 feet, to the Southeast corner of said Lot 3; Thence Southwesterly, 88.49 feet, along the Easterly
line of Lot 4 of said Plat, and an arc of a 533.27 foot radius curve, concave Southeasterly, whose 88.39 foot
chord bears S05012'04"W, Thence SOoo26'50"W, along the Easterly line of said Lot 4, the Easterly line of
Auditor's Parcel2000005 as recorded in Plat Book 41 at Page 218 in the Johnson County Recorder's Office,
and the Easterly line of Lot 8 Block 1, Braverman Center, a distance of 616.49 feet, to the Northeast corner of
A portion of Outlot C Block 1, Braverman Center, as recorded in Plat Book 31 at Page 137 in the Johnson
County Recorder's Office; Thence Southwesterly, 23.55 feet, along the Southerly line of said Outlot C, and an
arc of a 15.00 foot radius curve, concave Northwesterly, whose 21.21 foot chord bears S45025'39"W; Thence
N89035'32"W, along the Southerly line of Outlot C and Outlot B of Block 1 of said Braverman Center, a
distance of 690.28 feet, to the Southeast corner of a portion of Block 1 of Braverman Center; Thence
NOoo23'49"E, along the Easterly line of a portion of Block 1, Braverman Center, a distance of 342.31 feet, to
the Southeast corner of Outlot A of said portion of Block 1, Braverman Center; Thence N89035'30"W, along
the South line of said Outlot A, 446.01 feet, to the Southwest corner thereof; Thence NOoo44'47"E, along the
West line of said Outlot A, 25.00 feet, to the Northwest corner thereof, and the Southwest corner of Auditor's
Parcel 99085, as recorded in Book 40, at Page 319, in the records of the Johnson County Recorder's Office;
Thence S89035'30"E, along the North line of said Outlot A, and the South line of said Auditor's Parcel 99085, a
distance of 159.18 feet, to the Southeast corner of said Auditor's Parcel 99085; Thence N01047'56"W, along
the Easterly line of Auditor's Parcel 99085, a distance of 135.24 feet to the Northeast corner thereof, and to a
point on the Southerly line of said Lot 2 of Block 1, Braverman Center; Thence N6r53'13"W, along said
Southerly line, 164.48 feet, to the said POINT OF BEGINNING. Said parcel of ground contains 23.59 acres
and is subject to easements and restriction of record.
Resolution No. .Jl1.=.l70
Page 2
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed preliminary and final plat and subdivision, and recommended
approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and
subdivision and recommended that said preliminary and final plat and subdivision be accepted and
approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354,
Code of Iowa (2005) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said preliminary and final plat and subdivision located on the above-described real estate
be and the same are hereby approved.
2. The City accepts the dedication of easements as provided by law.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said subdivision,
and to certify a copy of this resolution, which shall be affixed to the preliminary and final plat
after passage and approval by law. The City Clerk shall record the legal documents and the
plat at the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this 5th
day of June , 20JlL.
~U~~
MAYOR
Approved by
ATTEST: 7J~~ 1f. ~~
CITY ERK
l'l/~-d~
It was moved by Correia
adopted, and upon roll call there were:
and seconded by
r.h.qmpion
the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
X
x
X
X
X
ppdadminlreslpepperwoodlols1-11.doc
M~2 I 06-7-07 ,
Prepared by: Anissa Gerard, Traffic Eng. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254
RESOLUTION NO. 07-171
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE DURABLE PAVEMENT
MARKING PROJECT 2007, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the City Hall, until 10:30 a.m. on the 18TH day of June 2007, or
at a later date and/or time as determined by the Director of Public Works or designee, with
notice of said later date and/or time to be published as required by law. Thereafter the bids
will be opened by the City Engineer or his designee, and thereupon referred to the Council
of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at
the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 19th day of June,
2007, or at a later date and/or time as determined by the Director of Public Works or
designee, with notice of said later date and/or time to be published as required by law, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by
the City Clerk.
Passed and approved this 5th
day of June , 20 07
C2kU ~
MAYOR
ATTEST: /Jr~ ~- cJ!~
CIT'f-eLERK
Approved by
~tIt~ 5"'!Z.,/ery
City Attorney's Office
Jccogtplresldurablepvmt-appp&s.doc 5/07
Resolution No.
Page 2
07-171
It was moved by Bailey and seconded by
adopted, and upon roll call there were:
Champion
AYES:
NAYS:
ABSENT:
x
X
X
X
X
X
X
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
~
u
~
Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144
RESOLUTION NO. 07-172
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION
OF THE 2007 PCC PAVEMENT REHABILITATION PROJECT - BENTON STREET.
WHEREAS, Iowa Erosion Control, Inc. of Victor, Iowa has submitted the lowest responsible bid of
$196,234.65 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Iowa
Erosion Control, Inc., subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction
of the above-named project, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
Passed and approved this 5th
day of
June
,20 07
Ru~
MAYOR
ATTEST: ~ k. ~4AAJ
CI LERK
Approved by
"d~ec..-~-~ r!').,,"'/07
City Attorney's Office
It was moved by Vanderhoef
adopted, and upon roll call there were:
and seconded by
Champion
the Resolution be
AYES:
NAYS:
ABSENT:
x
X
X
X
X
X
X
Bailey
Champion
Correia
Elliott
O'Donnell
. Vanderhoef
Wilburn
pweng/resl07pccpavemt-awrdcon.doc
5/07
1-\: \ \
PUBLISH 5/10
ADVERTISEMENT FOR BIDS
2007 PCC PAVEMENT REHABILITATION PROJECT-BENTON STREET
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 1 0:30 A.M.
on the 22nd day of May, 2007, or at a later date and/or time as determined by the Director of Public
Works or designee, with notice of said later date and/or time to be published as required by law.
Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids sub-
mitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals
will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00
P.M. on the 5th day of June, 2007, or at such later time and place as may be scheduled.
The Project will involve the following:
1500 SY PCC Full-depth patching, 250 SF PCC partial depth patching, 13485 SY diamond
grinding, 17000 linear feet of joint & crack, cleaning sealing and related work.
All work is to be done in strict compliance with the plans and specifications prepared by the City of
Iowa City Engineering Division, which have heretofore been approved by the City Council, and are
on file for public examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be accompanied in a
sealed envelope, separate from the one containing the proposal, by a bid bond executed by a
corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The
bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and
shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a
contract within ten (10) calendar days of the City Council's award of the contract and post bond
satisfactory to the City ensuring the faithful performance of the contract and maintenance of said
Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid
bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15)
calendar days following award of the contract, or until rejection is made. Other bid bonds will be
returned after the canvass and tabulation of bids is completed and reported to the City Council.
The successful bidder will be required to furnish a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to be issued by a responsible surety approved by
the City, and shall guarantee the prompt payment of all materials and labor, and also protect and
save harmless the City from all claims and damages of any kind caused directly or indirectly by the
operation of the contract, and shall also guarantee the maintenance of the improvement for a period
of two (2) year(s) from and after its completion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Work Days: 40 days
Late Start Date: July 9, 2007
Liquidated Damages: $300/day
The plans, specifications and proposed contract documents may be examined at the office of the
City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at
the Office of the City Engineer of Iowa City, Iowa, by bona fide bidders.
A $10 non-refundable fee is required for each set of plans and specifications provided to bidders
or other interested persons. The fee shall be in the form of a check, made payable to the
TREASURER OF THE CITY OF IOWA CITY, IOWA.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa
Department of Economic Development at (515) 242-4721 and the Iowa Department of
l}ansportation Contracts Office at (515) 239-1422.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties
with whom the bidder intends to subcontract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed
subcontractors, together with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and
coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK